Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941730955.pdf (South Africa)
5 SANDF: Rescues 100’s in SADC countries following Cyclone Idai 10 Public Works committee: EPWP must assist with development 12 Municipalities must put citizens first Official newspaper of the Parliament of the Republic of South Africa Vol.
01 Issue 02 2019 “We want to assure the women out there that we are continuing with our engagements on sanitary dignity, as we advocate for the provision of free sanitary products to indigent women and girls.” Sixth Parliament must drive process to decriminalise sex work The Multi-Party Women’s Caucus (MPWC) has recommended in its legacy report that the sixth Parliament should continue lobbying for the decriminalisation of sex work, writes Rajaa Azzakani.
It also recommended that in the sixth Parliament, the committee should host imbizos with stakeholders on adult prostitution in response to the report of the South African Law Reform Commission (SALRC) to continue with the status quo.

The committee Chairperson, Ms Masefele Story Morutoa, said one of the key focus stakeholders for their inputs and responses to the SALRC Report 107 on adult areas for the committee in prostitution.
the fifth parliamentary term was lobbying and advocating The summit’s aim was to for legislative reform from a allow an opportunity for all gender perspective, including stakeholders to submit their the issue of sex work, with inputs on recommendations However, the MPWC is also aware that there are other the MPWC advocating for the contained in the SALCR report organisations that are against decriminalisation of sex work.
to allow members of the the decriminalisation of sex The SALRC report engage with the content of committee an opportunity to work.

recommended for either submissions.

continued criminalisation or Another key project for the MPWC in the fifth Parliament partial criminalisation of sex Ms Morutoa emphasised that was lobbying for free sanitary work, but no position was the MPWC has previously taken by Cabinet on the matter pronounced its support for products for the poor and the indigent.
The MPWC as yet, so the current status the decriminalisation of sex engaged at length with various quo remains with regard to sex work and noted that other work in South Africa.

organisations, including stakeholders, including the National Treasury, on this the Commission for Gender matter.

It celebrated the In March 2018, the MPWC Equality, also support held a summit with various decriminalisation.
announcement in October 2018 by the Minister of Finance that PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA www.parliament.gov.za parliamentofrsa Photograph: ©SWEAT sanitary products would be exempted from value-added tax, but stated that the MPWC will, nonetheless, continue to advocate for sanitary products to be free.
Ms Morutoa said: “We want to assure the women out there that we are continuing with our engagements on sanitary dignity, as we advocate for the provision of free sanitary products to indigent women and girls.” Ms Morutoa said the fifth Parliament’s MPWC was committed to lobbying, influencing and advocating for the emancipation of all women in South Africa.

This includes identifying and addressing barriers and stereotypes affecting women today.
The MPWC has no oversight function over the executive and achieves its target through social activism, while moving away from being an event- based structure.

2 Parliament: improving the lives of workers The Portfolio Committee on Labour’s legacy report on its work in the fifth Parliament highlights successes, challenges and the recommendations to the committee of the sixth Parliament on its oversight work over the Department of Labour and its entities, writes Zizipho Klaas.
One of Parliament’s mandates is to pass legislation and parliamentary committees play a major role in this.

The Houses of Parliament refer Bills to the relevant parliamentary committee, where the committee will discuss the Bill clause by clause, invite experts to make submissions and also conduct public hearings on the Bill.

Once the committee is satisfied, the Bill is referred back to the House.
The Portfolio Committee on The committee also In carrying out its mandate of did not have the documents Labour processed a number recommended that the oversight over the Department required for migrant workers.

of Bills during the fifth Commission for Conciliation, of Labour and its entities.

Farm owners also complained parliamentary term.


These Mediation and Arbitration The committee noted the to the committee about include the Unemployment (CCMA) needs to be illegal engagement of foreign competition with farmers in Insurance Amendment Bill adequately funded, so that it nationals in the clothing and neighbouring countries.
[2015], the Labour Laws can implement its statutory textile industry in KwaZulu- Amendment Bill, the Labour obligations in terms of the Natal and the Western Cape, The committee discovered that Relations Amendment Bill National Minimum Wage, and made recommendations to farm workers in the farming [2017], the Basic Conditions the Basic Conditions of the next committee for further sector are often unaware of of Employment Amendment Employment Act and the investigation into this problem.
their constitutional rights, Bill and the National Minimum Wage Bill.

The committee finalised the National Minimum Wage Amendment Bill [B9- 2019] on 19 March 2019.

The recommendations made by the committee to the Department of Labour include that the Minister of the Department of Labour fill vacant posts without delay to address poor performance in the department.

The committee also told the department to make full use of its internal audit committee and then implement its Labour Relations Act.
reports, to avoid negative The committee also findings from the Auditor- recommended to the General.

The committee also department that incidents advised that the Inspection of irregular, fruitless and and Enforcement Services wasteful expenditure must be programme must be investigated, while officials adequately resourced, so that who are found to have flouted suitably qualified inspectors regulations must face remedial can be appointed.

action.

which makes them vulnerable to exploitation.


This is compounded by the seasonal nature of farm work.

The committee visited as many sectors of the South African economy as possible in the course of the fifth Parliament to monitor the implementation of labour laws.

These included the fishing industry, horse racing, mining, hospitality, wholesale, retail, construction, steel, clothing and textile industries.
The committee discovered that farm workers in the farming sector are often unaware of their constitutional rights, which makes them vulnerable to exploitation.

In 2015, the committee put the farming sector under scrutiny, checking compliance with labour legislation, and visiting farms in Mpumalanga.
The committee also discovered during one of its visits in the farms that some foreign nationals working on farms in Mpumalanga, in particular, INSESSION NEWS COMMITTEE NEWS 3 Eskom report to be submitted to the Zondo Commission The Portfolio Committee on Public Enterprises, which dealt with the inquiry into the mismanagement of funds in state-owned enterprises, upon concluding its inquiry, recommended to Parliament to hand over its report, together with the documentation and the entire record of evidence collected in the course of the inquiry, to the Judicial Commission of Inquiry into Allegations of State Capture headed by Deputy Chief Justice Raymond Zondo and law enforcement agencies for further investigation, writes Yoliswa Landu.
The inquiry confirmed possible contraventions of the Eskom Conversion Act, the Public Finance Management Act (PFMA), internal and external governance requirements, as well as other relevant legislation, regulations and internal processes.

In its findings, the committee said it was clear that there was undue influence by private individuals and companies over the appointment of Eskom board members, as well as some procurement decisions.
The committee heard evidence which illustrated the extent to which public procurement processes, and the exercise of public power, had been used at Eskom to serve the interests of private businesses and individuals.

The abuse of public resources to benefit these private interests stands in direct contradiction to Eskom’s constitutional obligation to ensure that its procurement processes are equitable, transparent, fair, competitive and cost-effective.
The Eskom board failed The committee heard evidence which illustrated the extent to which public procurement processes, and the exercise of public power, had been used at Eskom to serve the interests of private businesses and individuals.

fidelity, honesty, integrity and funds, and in various instances, in the best interests of Eskom.
resulted in severe job losses in some companies competing Various responsible persons, with the Gupta family- including Eskom board owned companies, hampered members, failed to investigate transformation and may have allegations of corruption, caused environmental damage.

improper conduct, or failure to comply with the supply chain The Chairperson of the Inquiry, management system, and Ms Zukiswa Rantho, said: failed to take appropriate steps “The process undertaken in relation to such allegations.
by the committee was an Evidence before the committee inquisitorial inquiry, not also showed how persons a judicial hearing.

The entrusted with key public committee did not accuse powers acted inconsistently anyone in the report, but with their responsibilities.
recommended that law The corruption at Eskom has further investigations into undoubtedly contributed to the findings and observations enforcement agencies make dismally in its responsibility to Evidence was placed before the the substantial loss of public made during the inquiry.

ensure that Eskom complied committee that various Eskom with the applicable laws and directors and senior employees supply chain management.
In acted inconsistently with their addition, various Eskom board responsibilities in terms of members were conflicted in various legislation, including their dealings with some of the PFMA.

It appears that such the private businesses and persons abused their positions may have acted unlawfully, and may have exploited together with senior confidential information for management, to benefit a personal gain or to benefit network that sought to achieve other persons improperly.

the capture of Eskom.
As set out above, key Eskom personnel failed to act with Editor Brent Simons Production editor Mava Lukani Design and layout Vishaal Lalla Copy editors Jane Henshall, Vusumzi Nobadula Writers Mava Lukani, Sakhile Mokoena, Abel Mputing, Faith Ndenze, Rajaa Azzakani, Malatswa Molepo, Yoliswa Landu, Justice Molafo, Felicia Lomabard, Zizipho Klaas Photography Mlandeli Puzi, Zwelethemba Kostile Distribution & subscriptions Jacqueline Zils Publisher Parliament of the Republic of South Africa Printer Capitil Press (Pty) Ltd Section Manager: Publishing and Production Shirley Montsho Copyright INSESSION is is published by the Information and Content Development Unit of the Parliamentary Communication Services of the Parliament of the Republic of South Africa.
All material published is copyrighted and cannot be reproduced without the written permission of the publisher.

EDITORIAL ENQUIRIES Telephone 021 403 8738 Fax 021 403 8096 E-mail insession@parliament.gov.za Subscriptions jzils@parliament.gov.za Post PO Box 15, Cape Town, 8000 OUR IDEALS Vision An activist and responsive people’s Parliament that improves the quality of life of South Africans and ensures enduring equality in our society.
Strategic Objectives Strengthening oversight and accountability; enhancing public involvement; deepening engagement in international fora; strengthening cooperative government; strengthening legislative capacity.
BOOK A TOUR To tour Parliament Telephone 021 403 2266 E-mail tours@parliament.gov.za 4 Creating transparent and accountable financial administration The Joint Standing Committee on Financial Management of Parliament (JSCFMP) made detailed recommendations for the committee’s work in the sixth Parliament and encouraged its successors to consider the annexure in its legacy report, which summarises the JSCFMP’s recommendations between 2016 and 2018, writes Mava Lukani.
The sixth Parliament should attention to ensure that the accelerate efforts informed challenges experienced in by the Act to develop its the fifth Parliament are not own budget processes.

A repeated in the sixth.

clear budget process would allow for transparency and The committee argued more effective oversight that labour relations is a of the institution’s financial specialised area of work and management.
Clarity around many employers in both the the process will also allow the private and public sectors JSCFMP to use the avenues do not have the expertise set out in that process to to manage labour relations.

argue for additional funding The committee encourages for Parliament, as and when Parliament to ensure that the In light of the poor implementation of also be consulted timeously to incorporated into the new required.
allow for its recommendations committee’s programme and person employed to manage labour relations and promote recommendations during the on the drafting of the strategic method of work, and whether The sixth Parliament’s the existence of constructive fifth Parliament, the committee plan to be fully considered.
The it would be advisable to administration should prioritise relationship between the recommends that the sixth committee also recommended establish a sub-committee to finalising regulations and employer and employees, has Parliament should develop that adequate consultation focus entirely on what had also ensure that sufficient the necessary capacity a tracking tool, such as the should also take place when previously been handled by consultation is provided for in to do so.
example included in annexure annual performance plans are the POA.

that process.

B of the committee’s legacy drafted.

report to track Parliament’s The committee recommends The committee has proposed response to the committee’s The JSCFMP in the sixth that the sixth Parliament’s that the fifth Parliament’s recommendations on a Parliament should JSCFMP should closely monitor administration should conduct quarterly basis.
accommodate all the the establishment and a review of labour relations outstanding matters relating functioning of the Treasury and recommend ways in The sixth Parliament should to the Parliamentary Oversight Advice Office, as it will which the work environment ensure that the administration Authority (POA) in its ensure that the executive may be improved in a report.

has the necessary technical programme.


authority receives impartial The sixth Parliament should support to make sure that advice, especially in relation prioritise receiving this report its strategic and annual The JSCFMP’s research team to matters referred to it in and then review the JSCFMP’s performance plans are drafted should advise on how terms of section 37 of the role in fostering a positive as indicated in the legacy outstanding matters in the Financial Management Act of work environment.
The report.

The committee should work of the POA could be Parliament.

matter should receive serious Disciplinary hearings and other recommendations At the time of drafting the JSCFMP legacy report, disciplinary proceedings against the Secretary to Parliament, Mr Gengezi Mgidlana, had not been finalised.
The committee therefore recommended that the sixth Parliament be kept abreast of developments INSESSION NEWS INTERNATIONAL RELATIONS 5 regarding Mr Mgidlana’s appropriate monitoring system The sixth Parliament should disciplinary hearings, in to assess the functioning prioritise a study tour for particular the financial and of constituency offices.

The JSCFMP to countries whose other impacts the delays may JSCFMP should be kept abreast parliaments have a similar have had.
The committee of developments in this regard.

oversight mechanism, as a said the matter should be benchmarking exercise.

concluded as a matter of The sixth Parliament urgency.
should give consideration The sixth Parliament should to whether the Oversight make every effort to identify The committee further and Accountability Model, alternate members to recommended that upon which dates back to the first represent full-time members in finalising the matter of the Parliament, is still appropriate the event of absence of a full- Secretary to Parliament, the and relevant two decades later.
time member, to ensure that sixth Parliament’s JSCFMP the JSCFMP is able to perform should be briefed on findings It is further recommended that its oversight function with as relating to weaknesses in the 2017/18 target to review little frustration as possible.

Parliament’s financial controls and implement the model be and how those will be included among the strategic The JSCFMP of the sixth addressed.
The committee also objectives in the strategic plan Parliament should be provided recommended that the sixth of the sixth Parliament.

with its own dedicated Parliament should develop an support team, as the previous SANDF Rescues 100s in SADC countries following Cyclone Idai committee had to rely on well as it continues to officials with commitments to contribute to creating an other committees.
environment of transparent “The committee expresses its profound gratitude to its financial management and accountability within the administration of the members, its secretariat and Parliament of the Republic of to the Parliamentary Budget South Africa,” said the Office for its commitment.

co-chairpersons of “We wish the sixth Parliament the committee.
In scenes reminiscent of the dramatic rescue of the newly born Rosita Mabuiango and her mother from a tree following floods in Mozambique in 2000, the South African National Defence Force (SANDF) extended a helping hand to Mozambique, Malawi and Zimbabwe after Cyclone Idai hit the three Southern African Development Community (SADC) countries in March 2019, writes Malatswa Molepo.

forces was appreciated by both the Portfolio Committees on Defence and the Joint Standing Committee on Defence.
The two committees said the work strengthens the SANDF’s humanitarian work and shows the SANDF can be relied upon in the region.

As part of its humanitarian “The willingness and speedy assistance and disaster relief response of the SANDF speaks work, the SANDF rescued about 417 people and of a professional and willing defence force that can be continued to operate a mission counted on in times of disaster, to sustain people with food whether it be local or across and medical supplies to the our borders.
We extend our regions ravaged by Cyclone Idai.

The work of the armed gratitude to our soldiers who risked their lives in difficult circumstances for extended said Mr Emmanuel Mlambo, periods of time delivering the Co-Chairperson of the humanitarian aid, especially Joint Standing Committee on to stranded Mozambicans,” Defence.

said Mr Dumisani Gamede, the Chairperson of the Portfolio Both committees highlighted Committee on Defence.
that this important work should be appreciated all the more in The SANDF’s work after light of the SANDF’s funding Cyclone Idai was not only challenges.

limited to rescue and delivery of humanitarian aid to SADC countries, but also involved efforts to get back transmission lines from the Cahora Bassa hydroelectric station to South Africa.

“This is important in the context of alleviating the pressure on the South African power grid, which is important for the well-being of the South African economy.
In the current economic climate, the sustainability of our power grid is necessary and we are grateful for the participation of the SANDF in ensuring the sustainability of the grid,” “We extend our gratitude to our soldiers who risked their lives in difficult circumstances for extended periods of time delivering humanitarian aid, especially to stranded Mozambicans.” 6 The Joint Standing Committee on Financial Management of Parliament (JSCFMP) was established in May 2016 according to the Financial Management Act of Parliament and Joint Rules of Parliament, writes Mava Lukani.
Section 4 of the Act provides for the establishment of an oversight mechanism to maintain oversight of the financial management of Parliament.
The legislation provides that the committee, among other things, considers instructions in terms of section 37(5), that is, executive directives with financial implications that are likely to result in unauthorised expenditure; considers Parliament’s annual report tabled and referred in terms of section 60; considers instructions issued by the executive authority in terms of section 66 for the purposes of implementing the Act; and performs any functions specified in the Act and by the rules of Parliament, and that are consistent with the objectives of the Act.
Broadly speaking, the committee interrogates the governance documents referred to it, manages stakeholder involvement, manages collaboration, makes recommendations to the National Assembly and the National Council of Provinces, monitors the implementation of the legislation and policies governing the institution, as well as the implementation of its recommendations to the executive authority.

Before its establishment, the Parliamentary Oversight Authority (POA) had the mandate of oversight over Parliament.
Immediately after the committee was established, it met to develop its strategic and annual plans; considered Parliament’s quarterly, mid- year and annual financial performance; received preparatory briefings by its research team and the Parliamentary Budget Office before each of the above- mentioned briefings by the Acting Secretary to Parliament, and by the Auditor-General of South Africa before the annual report briefings; and had discussions with the executive authority as required; and considered urgent matters as they arose.
The committee held a strategic planning session on 12 May 2017 where it identified priorities to focus on before the end of the fifth parliamentary term.

Its priorities included ensuring that Parliament operates according to relevant prescripts and policies; ensuring that Parliament is adequately funded, and that it manages its resources efficiently; ensuring the effective functioning of Parliament; ensuring that Parliament is accountable; and ensuring effective oversight.
New financial oversight committee sets out its work at Parliament The committee regrets to report that in the short period of time since its establishment, it has had little impact on Fifth Parliament sets up finance oversight committee Parliament’s administrative measured quarterly.

In order to financial management, is yet performance.

This was because appropriately and adequately to be established.
of the “newness” of the measure performance, each oversight mechanism and the key performance indicator Parliamentary financial requirement that the executive should have targets that are oversight committee shines authority and accounting officer SMART – specific, measurable, spotlight on labour relations should report to it on matters achievable, realistic and time- related to the institution’s bound.

financial management.


While the committee had agreed that it would not Labour relations in the last two years of the fifth Parliament have improved, but challenges remain, highlighted by the high number of resignations and the tragic passing of a senior manager in September 2018.
At the time of reporting, become a forum for labour it remained impossible to disputes, the strained labour measure the institution’s relations that characterised true performance, as most most of the fifth Parliament sub-programmes were not cannot be ignored.

The measured.

The absence of committee noted with concern KPIs led the committee to, in the deterioration of relations some instances, question the between parliamentary existence of whole divisions employees and the employer.
within the institution because it was unclear what output Labour relations in the last two they were expected to years of the fifth Parliament produce.
have improved, but challenges remain, highlighted by the In many instances where KPIs high number of resignations had been included, the targets and the tragic passing of a The committee noted that that were meant to correspond senior manager in September its recommendations have to them were poorly 2018. had little impact, and have developed and unmeasurable.

been responded to poorly by the fifth Parliament.


The committee has since its establishment consistently recommended that the executive authority should In light of that, the committee The committee noted the regrets to report that despite suspension (with full benefits) its recommendations that of the Secretary to Parliament weaknesses should be following various allegations attended to, the institution’s of maladministration.
The performance information committee also noted with ensure that the administration remains unreliable.

grave concern the long delay develops a sound understanding of effective performance management.
In particular, the committee has recommended that all programmes and sub- in the finalisation of the The committee noted with disciplinary proceedings, and concern that despite its has serious concerns about the recommendations for the speedy establishment of the prolonged process, especially given the financial impact Treasury Advice Office (TAO), the long delays have had for that office, which will serve as Parliament.
programmes should have clear an advisory to the executive key performance indicators (KPI) or outputs, that are authority on all matters related to Parliament’s budget and The committee noted with concern that constituency INSESSION NEWS PUBLIC PARTICIPATION 7 offices, which are funded by committee said, is whether that unannounced oversight this target but it is not clear finance and appropriations Parliament, are inadequately the model allows for effective visits – which would allow whether any work has been committees in both Houses monitored, something that oversight of the executive in those who are being overseen done to achieve it.
of Parliament, which makes Parliament’s administration order to ensure that the broad little opportunity to “prepare”, scheduling committee has confirmed.

This makes objectives of the National and would therefore make Although the committee meetings challenging.

it impossible to confirm if Development Plan (NDP) are a more accurate assessment planned to undertake a study the offices exist as claimed, achieved.
of the situation more tour to observe how similar The fact that political parties and if they do exist, whether likely – are seldom, if ever, oversight mechanisms worked are not required to provide they operate as claimed.

The The committee said the undertaken.


in other parliaments, the representatives who could committee believes that the manner in which oversight parliamentary schedule did represent full-time members current system of monitoring has been conducted has The committee noted with not allow time for such a when necessary is also a constituency offices is made it difficult to identify interest that Parliament’s benchmarking exercise to be challenge.

inadequate.
inadequate.

inefficiencies within the approved 2017/18 Annual undertaken.

executive.

In the main, the Performance Plan (APP) The committee also committee said this was provides for the review and The committee also The unpredictability of the parliamentary programme expressed some concern because Parliament has in implementation of the model, experienced challenges in the last months of the about Parliament’s oversight most cases opted to inform the and that this target was not convening meetings.
This is term further frustrated the and accountability model.

executive of oversight visits in met.

In its approved 2018/19 because committee members committee’s programming.

Of particular concern, the advance.
The committee noted APP, Parliament rephrased have responsibilities on other investigation should take into consideration the fact that no statements were taken from the relevant medical personnel at both the Khayelitsha and Groote Schuur hospitals during internal investigations, and the reluctance on the part of the provincial Department of Health to allow the relevant medical personnel from the Khayelitsha District Hospital to make oral submissions to the committee on the issues raised.
The committee further recommended that the National Prosecuting Authority and the Independent Police Investigative Directorate investigate the assault allegations raised by Ms Fuzane, as well as whether appropriate action was taken by the South African Police Service in investigating the allegations.

The petition will be finalised by the sixth Parliament.
A dedicated Petitions office is needed The Chairperson of the Select Committee on Petitions and Executive Undertakings, Mr Dumisani Ximbi, advised in the committee’s legacy report to the sixth Parliament that a dedicated office is needed to deal with the vast number of petitions received from the public, writes Felicia Lombard.
During the fifth parliamentary term, the Select Committee on Petitions and Executive Undertakings focused its attention on clearing the backlog of approximately 60 petitions it inherited from the fouth Parliament, whilst also dealing with petitions referred to it during the fifth Parliament.

One of these petitions was the Fuzane petition, which was particularly challenging.
The Fuzane petition called for an investigation by the National “We were told not to remove In light of the committee’s Council of Provinces (NCOP) her clothes and to take her to responsibility to recommend into the complaints raised by the Lentegeur Hospital in what to the NCOP any course of Ms Nobuntu Fuzane (hereafter she was wearing.
But when action it deems fit and proper, referred to as Ma Fuzane) we removed her clothes, we the committee emphasised against the Khayelitsha District saw that she had bruises,” said in its report the need for Hospital (KDH) and the Groote Ma Fuzane as she explained the national Department Schuur Hospital, both in Cape the events of the day that of Health to undertake a Town.

she collected the 33-year- thorough investigation.


The During an unannounced visit to the KDH undertaken by old Tamara Fuzane from the Khayelitsha hospital.

the committee on 12 April Since receiving the petition, 2018, Ma Fuzane claimed the committee, together with that her daughter, Ms Tamara the Portfolio Committee on Fuzane, had been negligently Health, held three hearings discharged from Groote at Parliament.
The primary Schuur hospital in or around purpose of these hearings was July 2011, after undergoing to afford Ma Fuzane, as well an invasive brain operation.

as the relevant stakeholders, She also claimed that her the opportunity to make first- daughter had been physically hand oral submissions on the assaulted whilst admitted at petition.

the Khayelitsha hospital.


8 Trade and Industry committee speeds up change in sugar industry By the end of the fifth parliamentary term, the Portfolio Committee on Trade and Industry commended the sugar industry for its work in accelerating transformation in the industry, writes Rajaa Azzakani.
This came after the Chairperson which was of the committee, Ms embedded in the Joanmariae Fubbs, requested Sugar Act, and the South African Sugar the resultant lack Association (Sasa) to submit of recognition of its transformation plan to the these growers’ committee.

The request was needs and made when Sasa appeared concerns.

before the multi-party The committee committee to give an update consequently on the transformation in the held several industry.
The plan will also meetings with see the industry committing the Department additional resources to address of Trade and Industry (DTI), the urgent need for enhancing Safda, Sasa, the South African the skills development Sugarcane Growers’ Association and jobs for black industry (Sacga) and the South African stakeholders (with a specific Millers’ Association (Sama) to focus on black youth and discuss the challenges in the women).

industry and to call for deeper transformation.


In October 2017, the committee was briefed by The committee also the South African Farmers’ conducted an oversight visit Development Association in KwaZulu-Natal (KZN) to (Safda) on challenges faced gain a better understanding by small, black sugarcane of the industry.

As a result of growers.


A number of these these engagements and the challenges were as a result committee’s intervention, Sasa of the configuration of Sasa, revised its constitution to allow (Sars) and the broadly on the agricultural International products.
Trade Administration Monitor the implementation Commission of of the mitigation measures South Africa to agreed to at the National brief it on the Economic Development and status of tariff Labour Council (Nedlac) with implementation respect to the implementation and the review of the HPL.

of the sugar tariff.

The Oversee the implementation of Safda a temporary seat until a final solution was reached.

The committee also resolved that the DTI should review the legislation and regulations.
Another issue raised during the oversight visit in KZN, was the need for further tariff protection due to cheap sugar imports and alleged dumping of sugar on the South African market.

The committee requested the National Treasury, the South African Revenue Service sugar tariff was transformation commitments subsequently reviewed and made by the South African increased, but not to the level Sugar Association in relation that Sasa had requested.
to small, black sugarcane growers; and The committee requests the next committee to: Engage with the DTI and the sugar industry for the purpose Monitor the review of the of ensuring diversification of Sugar Act (No.

9 of 1978) the sugarcane value chain and its regulations to ensure such as ethanol in order to transformation.
In conjunction take advantage of the existing with National Treasury and European Union market under the Department of Health, Southern African Development consideration of the socio- Community-European economic impact of the Health Union Economic Partnership Promotion Levy (HPL) on the Agreement.
sugar industry, as well as Placing municipalities under administration should be a last resort, says NCOP Putting struggling municipalities under administration through section 139 of the Constitution in an effort to restore good governance and sound financial management, was scrutinised during the fifth democratic Parliament, with some MPs arguing that there is no evidence that this yields positive results, writes Sakhile Mokoena.
Section 139 of the Constitution gives the This section of the Constitution states that the NCOP and the South provincial government powers to intervene the province must submit a written notice of African Local Government when a municipality fails to fulfil its intervention to the Minister of Cooperative Association (Salga) that constitutional or legislative duties.
A province Governance and Traditional Affairs, the provincial took place at Parliament in must notify the National Council of Provinces legislature and the NCOP within 14 days of the 2017, it was agreed that (NCOP) of its intentions to implement start of the intervention.
Upon receiving such section 139. notice, the Chairperson of the NCOP will refer putting municipalities under administration or disbanding it to the Select Committee them should be the last resort, on Cooperative Governance after all other measures have and Traditional Affairs to failed to save the municipality.

verify that the intervention is constitutional.


When there is a notice for intervention, the NCOP goes to the municipality and invites MECs, councillors and trade unions involved to listen to the reason for intervention.

It also checks if all administrative and constitutional requirement are met before making a recommendation.
During a workshop of “If we apply all the policies properly and implement recommendations by the Auditor- General, our municipalities can get their houses in order and interventions will not be necessary.” Welcoming the proposal to “avoid section 139 interventions at all cost”, the NCOP House Chairperson for International Relations and Members’ Support, Ms Masefako Dikgale, said: “If we apply all the policies INSESSION NEWS INTERGOVERNMENTAL RELATIONS 9 properly and implement we put measures in place to a temporary solution to assist According to its legacy report controls in respect of financial recommendations by support it before the situation the municipality to return to on the work achieved in the management, compliance the Auditor-General, our gets worse.” normal function, the duration fifth Parliament, the Select with the law, regulations municipalities can get of an intervention depends Committee on Cooperative and performance reporting their houses in order and Mr De Beer said it should not on whether the municipality Governance and Traditional requirements.
interventions will not be be easy to go for section 139. returns to normality,” Mr De Affairs dealt with over 50 necessary.” “We must satisfy ourselves that Beer said.
interventions, with some The Constitution, through all the support has failed in municipalities being placed section 100, also empowers Mr Nhlakanipho Zuma terms of section 154 and when “We need to start with section under administration more the national government to representing Salga in the we are convinced that the level 154,” Mr De Beer said, “and if than once.
workshop, said that over the of support does not yield any that doesn’t succeed, section take over the administration of a provincial government in years there have been many results, then we can go for 139 can be applied.

The In its report, the select a case where the province is section 139 interventions, section 139.” dissolution of a municipality committee highlighted that found to have failed to fulfil but have yet to see any positive results from such a move.
Municipalities under administration return to the same situation or worse after the intervention.
Workshop discusses usefulness of placing municipalities under administration Delegates to a joint workshop with the National Council of Provinces (NCOP) and the South African Local Government Association (Salga) questioned the He urged provinces to put in place measures to avoid after we have taken all other steps to bring it to normality.” municipalities faced challenges related to management, terms of the Constitution and legislation.
must come as a last resort prior to the intervention, most its executive obligation in Also, with regard to this intervention, like with section 139, the NCOP must be notified by the provincial and national government.

The NCOP must review the intervention regularly and may make any appropriate recommendations to the national executive.

However, this intervention is not processed by the select committee, instead an Ad Hoc Committee is established lack of a tool to check the interventions.
The NCOP does Some other delegates at service delivery and executive to inquire and submit a effectiveness of placing municipalities under not intervene, he reminded delegates, but rather decides the workshop said that placing municipalities under leadership, and were ultimately unable to provide report to the NCOP, with recommendations on whether administration.

if the intervention is within administration fails because basic services.

the Constitution.
the Constitution.

“If we ensure it is an attempt to resolve such intervention is necessary or not.

The latest section 100 The Chairperson of the Select compliance with legislation political matters through legal According to the committee’s intervention was in the North Committee on Finance, Mr and view the Auditor-General’s means.
One municipality report, municipalities faced West provincial government, Charel de Beer, supported the reports as diagnosis and has been placed under many challenges, including which will continue into the call that such interventions findings as an action plan administration twice and has not paying their debts and sixth Parliament, following should only be done when all other steps have failed.

to improve performance, we can prevent most of still not recovered.

other financial problems.
The committee also highlighted an endorsement by the Ad Hoc Committee to Inquire into “Before we go to section 139, these interventions in our Select Committee on that leadership challenges the Intervention in the North we need to look at section municipalities.” Cooperative Governance included failure to fulfil West Provincial Government 154, and if we realise that sums up its work in fifth oversight responsibilities with in terms of section 100 of the the way the municipality is “Intervention is not meant to Parliament regard to the implementation Constitution.
run might lead to section 139, be a permanent measure.

It is and monitoring of internal 10 Public Works Committee: EPWP must assist with development The Portfolio Committee on Public Works’ focus in the fifth Parliament included monitoring the Department of Public Works’ implementation of Phase Three of the Expanded Public Works Programme (EPWP), with a strong focus on the progression of beneficiaries from the unemployed to the formal employment sector of the economy, writes Faith Ndenze.
groups and the importance of bodies including municipalities all projects having a better- throughout the five-year scheduled training component.

term in order to assist with During the course of the fifth identifying work opportunities Parliament, the committee that could be created across undertook oversight visits that government.

The committee allowed it to have deliberations also engaged with the branch with rural municipalities with regard to the Integrated on the EPWP.
During these Development Frameworks deliberations, the committee and Plans of municipalities to emphasised the importance identify work opportunities of rural and metropolitan and it assisted with training municipalities, departments to strengthen capacity in this The Chairperson of the and public bodies to follow regard.
committee, Mr Humphrey the standardised regulatory Mmemezi, said the committee framework according to which The committee discovered that has required the EPWP beneficiaries are selected the branch did this without the branch and the department for participation in the necessary legislation in place to develop a concept of programme.

sustainable development as to guide such a coordinating and reporting relationship.
This meant that public bodies and municipalities often did not follow regulations and did not report on time for reports to the National Treasury as well as for auditing purposes.

This lack of adherence to regulation often led to under- reporting, which the Auditor- General remarked on in his part of the next phase of the During one of the meetings annual audit report in the programme.
“The committee the committee had with the department’s annual reports had to note that the EPWP department, the committee over the past three years.

was not about solving the sought to understand what country’s unemployment and the EPWP branch, as a The committee has also noted underdevelopment on its own.
coordinating component of that in spite of the challenges Committee investigates Gupta naturalisation process The Portfolio Committee on Home Affairs, following an extensive investigation into the process granting early naturalisation to members of the Gupta family, reported a number of irregularities around the process, and recommended that the matter should be probed further by the Commission of Inquiry into State Capture, writes Malatswa Molepo.
The committee’s investigation followed a directive from the House Chairperson responsible for committees which was given to the portfolio committees of Home Affairs‚ Mineral Resources‚ Public Enterprises and Transport, to engage immediately with the Ministers concerned and to ensure that Parliament gets to the bottom of the allegations of state capture.

After the investigation, the committee made several recommendations to the sixth Parliament.
These recommendations include a review of the Citizenship Act and regulations allowing for exceptional circumstances for early naturalisation, and to specify exactly how this discretion of the Minister needs to be applied.
The committee found that the Act was not specific and this created loopholes that could be taken It is part of programmes across the department’s employment that technological advances of all sectors and spheres of creating function, was doing to the fourth industrial revolution advantage of.

government to deal with this ensure that municipalities and may bring to the coordination task,” said Mr Mmemezi.
other public bodies followed of EPWP projects, crucial In its legacy report, the committee details how it specifically focused on the beneficiaries from vulnerable policy, regulatory frameworks projects in early childhood and reporting requirements.

development and home-based The EPWP branch reported that it engaged all public care in the social sector could not be done by machines or mechanised systems.
The committee also recommended that criminal charges should be laid against a Gupta employee who was allegedly involved in smoothing the naturalisation process, Mr Ashu Chawla, and members of the Gupta INSESSION NEWS OVERSIGHT 11 family relating to false information submitted in their early naturalisation applications.

The committee found that Mr Chawla misled the Department of Home Affairs when he submitted information on the grounds for exceptional circumstances.
This information included the false claim that the family’s company had made donations to 76 schools in the North West province of sporting equipment from the Oakbay group.

The committee discovered that one of the schools listed had closed before the suggested donation date.

The committee criticised the department for not verifying the information provided by Mr Chawla.
Communications Committee kept SABC in line The South African Broadcasting Corporation (SABC) dominated the agenda of the Portfolio Committee on Communications throughout the fifth term of Parliament where corporate governance, financial management, human resources and relationship with the defunct television channel, African News Network (ANN7), were put under the committee’s scrutiny, writes Justice Molafo.
Photograph: ©SABC Mr Chawla did not appear before the committee because he was out of the country and had requested Parliament to arrange a business-class return ticket from India to South Africa to attend the hearing.
The committee also recommended that Mr Chawla’s fraudulent and corrupt activities relating to both the early naturalisation and facilitating illegal visas for Indian nationals working at news channel ANN7, should be considered by the Minister as grounds for the revocation of Ashu Chawla’s South African citizenship in terms of section 8(1) of the Citizenship Act.
Meanwhile, Mr Haniff Hoosen, a member of the committee representing the Democratic Alliance, questioned the efforts by some members of the committee to whitewash the role of former Minister of Home Affairs, Malusi Gigaba, in the unlawful approval of the Guptas’ application for early naturalisation and to cover up his wrongdoing.
Mr Hoosen called for the report to include the culpability of former Minister Gigaba and that the report should be referred to the Zondo Commission, per the recommendations of the report, without delay.

The committee found that Mr Chawla misled the Department of Home Affairs when he submitted information on the grounds for exceptional circumstances.
In line with rule 227(1)(c) of the 9th edition Rules of the National Assembly, the committee took a resolution Ad Hoc Committee that had a Ad Hoc Committee called for mandate to conduct an inquiry the dissolution of the board into the board.

and investigations on contracts that were suspected to have in 2016 to investigate into the Mr Maxegwana said: “The been awarded irregularly.
then remaining three non- decision to institute an inquiry executive members of the SABC board with regard to their fitness to hold office, following consecutive qualified audit reports, as well as numerous allegations of low staff morale and victimisation at the SABC.
Subsequent to The Portfolio Committee on Communications acted on the recommendations of the Ad Hoc Committee and appointed five interim non-executive members onto the board of the SABC with a six months’ term of office, in line with the Broadcasting Act.
A permanent board the committee’s resolution into the board of the SABC was was appointed in the same to institute an inquiry, the taken in the public interest, year before the term of three board members wrote a letter to the then Chairperson in order to establish facts regarding the state of affairs office of the interim board had lapsed, but in 2018 the of the Portfolio Committee at the public broadcaster and committee was seized with on Communications, Mr ascertain the fitness of the another responsibility, filling Humphrey Maxegwana, in current members of the board eight vacancies on the board which they objected to the to hold office.” committee executing the of the SABC, following some resignations.
The process was inquiry, citing fear of prejudice.

The Ad Hoc Committee on completed in March 2019 They requested that another SABC Board Inquiry, which when the National Assembly independent committee be was chaired by Mr Vincent adopted a list of recommended appointed to carry out the task.
Smith, was given a deadline names of people who should of 28 February 2017 to table be appointed on the board of The National Assembly took a a final report to the National the SABC by President Cyril resolution in November 2016 to establish a multi party Assembly.

In its report, among other recommendations, the Ramaphosa.

Coordination Committees and to provide responsibilities, roles and functions to various role players involved in initiation practices or in the governance aspects thereof.
The Money Bills Amendment Procedure and Related Matters Act (No.

9 of 2009) was also considered to afford Parliament through its respective committees a legislative mandate to make “recommendations to the Minister of Finance to amend the budget of a national department if they deem necessary”.
The committee’s legacy report recommends that in the sixth Parliament, the committee should tighten its oversight over the department and its entities to prevent recurrent performance and financial management transgressions.
This would be feasible, the report states, if the committee holds joint meetings with other parliamentary committees, such as the portfolio committees on Small Business, Economic Development, Mining and with all the entities of the department to enhance local economic development at local government level.
The legacy report also recommends that the sixth Parliament Committee on Cogta should propose a colloquium with all sector departments and portfolio committees and other stakeholders to look at how to enhance service delivery through innovation.
12 Cooperative Governance Committee: Municipalities must put citizens first The Portfolio Committee on Cooperative Governance and Traditional Affairs was often in the news during the fifth Parliament, as it had to deal with Bills and oversight work that attracted national interest, writes Abel Mputing.

One of the key areas identified in the legacy report is that poor management skills in municipalities have contributed to a debt crisis in municipalities.
adhere to the committee’s the Bills, much of which was recommendations or those of expressed at public hearings the Auditor-General.

on the Bills.
on the Bills.

The object of During the fifth parliamentary term, the committee processed several Bills, the former is to amend the Traditional Leadership Governance Framework Act, 2003, to make provision for including the National Disaster extended timeframes within Management Amendment which kingship or queenship Bill, the Traditional Leadership councils and traditional councils and Governance Framework must be established.
The Bill Amendment Bill, the also sought to provide for the Traditional and Khoi-San recognition of traditional and Leadership Bill, the Customary Khoi-San communities and Initiation Bill and the Local leadership positions.

To achieve this, the Government: Municipal committee must ensure that Structures Amendment Bill.
The Customary Initiation Bill sought to provide for The most topical of these were the effective regulation of the Traditional and Khoi-San customary initiation practices, Leadership and Customary to establish a National Initiation Bills, due to the Initiation Oversight Committee interest and contestation in and Provincial Initiation The committee recently released its legacy report accounting for its work in the fifth Parliament and informing Members of the sixth Parliament of key outstanding issues pertaining to the oversight and legislative programme of the Department of Cooperative Governance and Traditional Affairs (Cogta) and its entities.
The portfolio committee’s work ensures that the department delivers on its mandate to develop a functional and developmental local government system that delivers on its constitutional and legislative mandates, within a system of cooperative governance.

all municipalities perform their basic responsibilities of putting citizens first.

This pledge would be achieved “by supporting the delivery of municipal services to the right quality and standard.
And through the promotion of good governance, transparency and accountability”, states the committee’s report.

Now that Parliament has risen, the committee’s legacy report reflected on its programmes and achievements.

One of the key areas identified in the legacy report is that poor management skills in municipalities have contributed to a debt crisis in municipalities.
The committee’s report highlights that the department and some of its entities do not always INSESSION NEWS LEGISLATION 13 ensures that the committee is The amendment was will give the Auditor-General robust and nonpartisan.

Scopa welcomed by the Chairperson more powers to enforce submits questions to relevant of Scopa, Mr Themba Godi, investigations, as well as to departments before scheduled as it heralds the end of an make claims to accounting meetings and the department era.
“Everybody now knows officers for purposes of then elects an evidence leader that the Auditor-General can recovering money lost to present the department’s sanction forensic investigation negligently.” information.

Scopa sets a high that can lead to prosecution standard for departmental on financial mismanagement This is something that the responses and is known for in the public sector.
It can Standing Committee on sending departments away be claimed that the era of Auditor-General should receive if it is not satisfied with the impunity is now behind us.” praise for, he continued.

“For presentation of evidence.


once, it means the Auditor- The Public Audit Act was General will not only report In its endeavours, Scopa has amended to address the irregular expenditures, but will relied much on its relationship problems of recurring be able to direct the head of with the Office of the Auditor- adverse audit outcomes, non- a department to investigate General.
Both Scopa and the compliance, slow response it, failing which the state will have to claim money personally from the head of the department.” The report further states what Parliament expects to see as a result of the amendment.
“Parliament expects that the amendment of the Public Audit Act will alleviate the material non-compliance with legislation and accounting standards by auditees, which continue to increase the levels of unauthorised, irregular, fruitless and wasteful expenditure.” Auditor-General have called in addressing the adverse The responsiveness of for effective consequence audit findings and the lack of Parliament in the initiation and management for officials who consequences.
are found guilty of financial amendment of the Public Audit Act has, in the end, facilitated mismanagement.

These According to the Scopa report its passing, says Scopa’s report.

ongoing calls for sanctions for the sixth Parliament: against wrongdoers has finally “Before, the Auditor-General “Parliament responded borne fruit with the recent had no powers in terms of the positively to the Standing amendment to the Public Audit Act.
The Public Audit Act amendment means end of era of impunity, says Scopa Chair Constitution to issue surcharge Committee on Auditor-General certificates or recover losses when it took the decision to from the auditees and to take initiate the amendment of the remedial action.

PAA.
“We can happily say the On 16 November 2017, the National Assembly has passed committee resolved to amend the Audit Act Amendment the PAA in order to strengthen Bill,” Mr Godi said, “which the Auditor-General.” Public Audit Act amendment relies on ethical leadership “To correct the financial management wrongs often cited by the Auditor-General in government departments’ audit reports, we need ethical officials who are capable of managing, implementing and complying with the laws that govern the administration of public funds,” said the Chairperson of the Standing Committee on Public Accounts (Scopa), writes Abel Mputing.
The amendment of the PAA, which Scopa has been calling for, marks one of the achievements of the fifth Parliament, but political leadership is required.

“First and foremost, we need political leadership.

Your Ministers and your President must be people who set up a government with the sole intention of serving the people,” Mr Themba Godi said.
“Secondly, we need to make sure that the laws and rules that are there to govern the management of the public purse are fully implemented and complied with,” but most importantly, Mr Godi said, those who do not comply must pay a heavy price for noncompliance.

“Then you would have resolved the problem,” he emphasised.

These views define the character of Scopa’s constitutional mandate and the seriousness of the task.
Unlike other committees, Scopa’s mandate is to hold accountable the National Treasury and all entities that receive state funds.

In pursuit of this mandate, Scopa can compel these bodies to account for spending and can scrutinise the value the state derives from their budgetary allocations.

“First and foremost, we need political leadership.


Your Ministers and your President must be people who set up a government with the sole intention of serving the people.” Uniquely, Scopa is the only committee in Parliament that is led by a Member of Parliament from the opposition.
This is a trend in developed democracies and 14 Transforming the SA economy through small business development the felt needs of cooperatives reviewed, and the department on the ground, but the should develop a master plan department always did the to include a Cooperatives Bank; opposite.

The department a Cooperatives Development provides services based on the Agency; a Cooperatives perceived needs by the officials Academy and a Cooperatives in the department,” said Ms Tribunal.

Bhengu.
Bhengu.

The committee further In its legacy report, the recommended in its legacy committee made a number report that the department of recommendations to both should review the outdated the Department of Small National Small Enterprise Act, Business Development table a new Bill and finalise and the sixth Parliament’s the revision of the Integrated Portfolio Committee on Small Strategy on the Promotion of Business Development.
The Entrepreneurship and Small recommendations include, Enterprises, as well as the among other things, that Integrated Strategy on the South Africa’s Cooperatives Development and Promotion of Development Act should be Cooperatives.
The fifth democratic Parliament saw the establishment of a new Portfolio Committee on Small Business Development, following a proclamation by former President Jacob Zuma, creating a Department of Small Business Development with a mandate to serve the interests of small, medium and micro-enterprises, as well as cooperatives.

Previously, this responsibility belonged in the Department of Trade and Industry, writes Justice Molafo.
In line with Parliament’s revenue of €15 billion (R236 debate, social security strategic plan and in order billion).

measures and democratic to perform its constitutional mandate, the committee held its first strategic session in 2016, wherein 30 strategic objectives were developed.

The committee then called for a new approach in the cooperatives sector in South Africa, following a study tour to the Basque region of Spain in September 2018.
The week- long tour included a visit to the Mondragon Corporation, the Basque Ministry for Industry Economic Development, the Basque Trade and Investment Agency, the Spanish Parliament and the Spanish Business Confederation of Social Economy.
The Mondragon Corporation is the largest business group in the Basque region and the second largest in Spain, with 80 000 member employees, 266 cooperatives and total In its legacy report, the committee made a number of recommendations to both the Department of Small Business Development and the sixth Parliament’s Portfolio Committee on Small Business Development.
The Chairperson of the portfolio committee, Ms Ruth Bhengu, who was the leader of the study tour delegation, said Mondragon Corporation’s success could be attributed to education and training, a high level of investment of profit, a central bank for all cooperatives, open intellectual debates.

“Although they play a critical role in transforming the economy, cooperatives are not small businesses.
They are there to ensure that workers don’t only provide labour in exchange for a living wage, but they themselves become members and owners of the economy,” Ms Bhengu explained at the time.

One of the biggest lessons learnt from the study tour was that the Basque region applies a bottom-up approach to policy formulation for cooperatives.

“This is the point that the committee has tried, in vain, over the past four years to get through to the Department of Small Business Development.
We consistently advised that the support programmes and policies should be based on INSESSION NEWS OVERSIGHT 15 Sixth Parliament must monitor zero harm goal in mining sector many of the illegal miners of mining communities in are foreigners, the Minister of economic activities of mining Home Affairs is also a critical projects.” player in the effort to combat the scourge of illegal mining.” The committee also said that better coordination in The committee was concerned Parliament is necessary when about what it termed the discussing, for example, “inadequate transformation” laws relating to taxation, of the mining industry, and the environment and worker recommends that the next compensation, which currently committee should continue are not discussed within the to promote programmes Portfolio Committee on Mineral that enhance collaboration Resources, even though they between the Department directly affect the effectiveness of Mineral Resources, the of the mining sector.
The Minerals Council of South Africa and labour representatives.

Portfolio Committee on Mineral Resources has to oversee the “Issues pertaining to mining role of the government as communities will continue a whole in its custodianship to be a major area of focus of the mineral wealth of the for the committee, to ensure nation.
overall improved participation The next Parliament must enhance monitoring of the zero harm goal in the mining sector in order to improve mine safety and minimise fatalities in the industry.

The Portfolio Committee on Mineral Resources, chaired by Mr Sahlulele Luzipo, recommended this approach in its legacy report to mark the end of the fifth parliamentary term, writes Sakhile Mokoena.
The zero harm goal is a mining industry initiative to improve safety and eliminate fatalities in mining operations across the country.

The report raised concern about the growing number of fatalities in 2017 and 2018.

It also accounted for the committee’s work over the past five years and informed the Members of Parliament in the sixth Parliament about key outstanding issues in the Department of Mineral Resources and its entities’ oversight and legislative programme.
“Despite the improving safety record in the mining industry in the first three years of the fifth Parliament, the committee noted with concern for more than 10 years the declining performance in because Parliament has been the 2017/18 financial year.

unable to deal with legislative Occupational health and safety changes that have been agreed regulations of the mining by three departments: Labour, sector continue to concern Health and Mineral Resources,” the committee,” the portfolio the report noted.
committee reported.

The report also raised concerns There has been a deterioration about the rise in illegal mining in mine safety and the and issues of transformation of number of fatalities has risen the mining industry, which it in comparison to previous said was inadequate.

years.
years.

Fall of ground incidents, a term used to classify The committee devoted accidents resulting from the many hours of meetings unexpected movement of large and oversight visits to the masses of rock, contribute problem of illegal mining, disproportionately to the but Parliament has been disturbing trends.

unable to solve problems of accountability because The report recommended that four portfolio committees the portfolio committee in are involved.
“Mining laws the sixth Parliament should regulate access to mineral ensure that the Department of resources by people and Mineral Resources continues entities that have been to do everything possible to given rights to minerals by stop this trend, through vigilant the Minister.

When people inspections and continual mine without such rights, the investment in the mining matter is in the jurisdiction safety research capacity of the of the justice system and, as Mine Health and Safety Council.
The legacy report, noted that Parliament and the government have not done enough to promote occupational health, or achieve zero harm or fair and timely compensation when mineworkers for work-related injuries.

Government and Parliament “dropped the ball on this issue, particularly when it comes to the compensation of ex- mineworkers for lung diseases.
The issue has been unresolved 16 PUBLIC EDUCATION The road to the sixth Parliament The Chief Justice of the Republic of South Africa has the powers, under the Constitution, to determine the dates and times of these first sittings and presides over key aspects of them.

province.

Four of them are special delegates and six are permanent delegates.

Political parties are entitled to delegates in proportion to their representation.
If a person who is a member of a provincial legislature is appointed as a permanent delegate, that person ceases to be a member days of being elected.

This of that provincial legislature.

happened when the President- elect, at the presidential At the first sitting of the inauguration on 25 May, swore NCOP on 23 May, following faithfulness to the Republic of consultations between the South Africa and obedience to the Constitution.
He later Office of the Chief Justice officials and parliamentary announced the composition of staff, the Chief Justice presided On 8 May the people of South Africa voted in the sixth non-racial democratic elections and determined which political parties should represent them in Parliament and in the Provincial Legislatures.

This important election coincided with the 25th anniversary of our constitutional democracy.
As the legislative authority of our democratic republic, Parliament must ensure that there is government by the people, under the Constitution.

The National The Chief Justice of the Republic of South Africa has the powers, under the Constitution, to determine the dates and times of these first sittings and presides over key aspects of them.
Following consultations Assembly (NA) ensures this between officials of the Office by electing a President, by providing a national forum for public consideration of of the Chief Justice (OCJ) and Parliament, the first sitting of the National Assembly took issues, by passing legislation place on 22 May.

At this sitting, and by checking and evaluating executive action of government.
The National Council of Provinces (NCOP) ensures that provincial interests are taken the Chief Justice presided over each Member of the NA’s swearing-in or affirmation of faithfulness to the Republic of South Africa and obedience to the Constitution.

into account in the national sphere of government.


It does this mainly by participating in the national legislative processes and by providing The President is expected to deliver the State of the Nation Address to a joint a national forum for public sitting of the sixth consideration of issues affecting the provinces.

In terms of the law, within 14 days of the Independent democratic Parliament on 20 June.

By then, the parliamentary his Cabinet.


committees, which focus For the first sitting of the over the swearing-in or affirmation of faithfulness to the Republic of South Electoral Commission (IEC) on specific government NCOP, each of the provincial Africa and obedience to the of South Africa declaring the results of the election, the Houses of Parliament, NA and NCOP must be established.

departments and entities, are expected to have been established.
The NA may be constituted of no fewer than 350 and no more than 400 members.

legislatures must have held Constitution from the House’s their first sittings and swearing permanent delegates.

in of Members of the Provincial Legislatures (MPLs).
As is the case with the NA, the The Chief Justice also presided over the election of the first sittings of the provincial Chairperson of the NCOP, Mr legislatures began on 22 May, Nkosiyakhe Amos Masondo, a date announced by the Chief who was elected from the Justice in accordance with his permanent delegates.

The The Chief Justice also presided constitutional prerogative.

Chairperson then presided over over the election of the Speaker of the NA, Ms Thandi Modise.
She then presided over the election of the Deputy Speaker, Mr Lechesa Tsenoli.

The Chief Justice then presided over the election of the President, Mr Matamela Cyril Ramaphosa, who was elected from among the Members of Parliament in the NA.
Once he is elected, President Ramaphosa ceases to be a Member of Parliament and must take up office within five Additionally, the Chief Justice the election of the Deputy also designated the Judge President of the Divisions Chairperson, Ms Sylvia Lucas, as well as the election of the of the High Court to preside Chief Whip.

over the first sittings of the provincial legislatures.
Provincial Premiers and The President is expected to deliver the State of the Nation Speakers were elected at these Address to a joint sitting of the sittings and the swearing-in of sixth democratic Parliament the MPLs also took place.

The provincial legislatures appointed their permanent delegates – the NCOP is composed of a delegation of 10 delegates from each on 20 June.
By then, the parliamentary committees, which focus on specific government departments and entities, are expected to have been established.